By Ratliff S.B. No. 299
Substitute the following for S.B. No. 299:
By Goodman C.S.S.B. No. 299
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the date for a hearing on an application for a
1-3 protective order.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 84.001(a), Family Code, as added by S.B.
1-6 797, Acts of the 75th Legislature, Regular Session, 1997, is
1-7 amended to read as follows:
1-8 (a) On the filing of an application for a protective order,
1-9 the court shall set a date and time for the hearing unless a later
1-10 date is requested by the applicant. The [
Except as provided by
1-11 Section 84.002, the] court may not set a date later than the 20th
1-12 [ 14th] day after the date the application is filed.
1-13 SECTION 2. Section 84.003, Family Code, as added by S.B.
1-14 797, Acts of the 75th Legislature, Regular Session, 1997, is
1-15 amended to read as follows:
1-16 Sec. 84.003. HEARING RESCHEDULED FOR FAILURE OF SERVICE.
1-17 [ (a)] If a hearing set under this chapter is not held because of
1-18 the failure of a respondent to receive service of notice of an
1-19 application for a protective order, the applicant may request the
1-20 court to reschedule the hearing.
1-21 [ (b) Except as provided by Section 84.002, the date for a
1-22 rescheduled hearing shall be not later than 14 days after the date
1-23 the request is made.]
1-24 SECTION 3. Section 84.002, Family Code, as added by S.B.
2-1 797, Acts of the 75th Legislature, Regular Session, 1997, is
2-3 SECTION 4. This Act takes effect September 1, 1997, and
2-4 applies only to an application for a protective order made on or
2-5 after that date. An application for a protective order made before
2-6 the effective date of this Act is governed by the law in effect on
2-7 the date the application was made, and the former law is continued
2-8 in effect for that purpose.
2-9 SECTION 5. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.